Kara Sears
Local governments play a crucial role in addressing the needs of their constituents and promoting human rights through local laws, policies, and programs. While local governments are generally granted power by the state, they have the ability to create and enforce laws that directly impact the lives of their residents. They are often at the forefront of bringing human rights to their constituents, as seen during the COVID-19 pandemic, where local governments assessed and addressed the political and social challenges posed by the crisis. Local governments are also responsible for implementing innovative initiatives and public policies that align with international human rights laws. Additionally, local governments have the power to advance policies that promote equity, inclusion, public health, and civic participation.
| Characteristics | Values |
|---|---|
| Powers | Local governments have powers that are not granted to the federal government. |
| Structure | Local governments generally include two tiers: counties and municipalities. |
| Size | Municipalities vary in size, from millions of residents to a few hundred people. |
| Responsibilities | Local governments are responsible for police departments, libraries, schools, driver's licenses, and parking tickets. |
| Lawmaking | Local governments can pass their own laws, although these can be preempted by state or federal law. |
| Human Rights | Local governments play a critical role in promoting human rights through local laws, policies, and programs. |
| Equity | Local governments can advance policies that promote equity, inclusion, and public health. |
| Civic Participation | Local governments are closer and more responsive to communities, making it easier to achieve equitable change. |
| Finances | Local governments can use fines as revenue generators, which can disproportionately impact lower-income individuals. |
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What You'll Learn
Local governments' role in delivering human rights obligations
Local governments play a crucial role in delivering human rights obligations. While national and regional governments have important roles in promoting and protecting human rights, local governments are at the forefront of bringing human rights to citizens. They are the administrative unit closest to the citizens and are responsible for developing and implementing policies that directly affect people's lives. Local governments receive demands, claims, and complaints from residents, and they are responsible for addressing these issues within their communities.
The COVID-19 pandemic highlighted the critical role of local governments in tackling political and social challenges. Their ability to implement creative solutions to mitigate the effects of the crisis underscored their importance in ensuring human rights during crises. Local governments are also vital in promoting sustainable development, combating inequalities, and addressing climate change. For instance, Philippe Rio, the mayor of Grigny, France, was awarded the World's Best Mayor prize in 2021 for his work in fighting inequalities and advancing the human rights of his constituents.
Local governments are responsible for ensuring that human rights are respected, protected, and fulfilled within their jurisdictions. They play a key role in translating international human rights obligations into concrete actions that directly impact citizens' lives. Local governments are often responsible for areas such as police departments, schools, and social services, which are all essential for upholding human rights.
The United Nations' New Urban Agenda recognizes the importance of local governments in sustainable urban development and aims to empower people and engage citizens in shaping their societies. Local governments are encouraged to adopt a human rights-based approach in their work, promoting best practices and building the capacity of local authorities to uphold human rights. The collaboration between the OHCHR and UCLG, formalized through a letter of agreement, aims to address inequalities, discrimination, and a rights-based approach to pandemic recovery.
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Local laws that may be harmful
Local laws are those implemented by local governments, which generally consist of two tiers: counties (or boroughs or parishes) and municipalities (cities or towns). While local governments possess less power than federal and state governments, they are responsible for police departments, libraries, schools, driver's licenses, and parking tickets.
Nuisance Ordinances
These laws are meant to curb undesirable activities that pose a risk to public health or safety, such as excessive noise, hazardous waste, or criminal activity. While nuisance laws are intended to keep communities safe and livable, they can sometimes have unintended negative consequences. For example, renters who are the subject of a nuisance complaint may lose their housing with little recourse.
Food Safety Laws
Some food safety laws restrict people from sharing food with the homeless, requiring permits or imposing stringent regulations that make it difficult for food-sharing groups to comply. These laws can end up penalizing the homeless and those trying to help them, making it harder to be homeless rather than addressing the issue.
Preemption by State Governments
State governments can sometimes hinder local governments' efforts to create laws that improve people's lives, particularly in areas like health and health equity. For example, a state may preempt a local government's attempt to increase the minimum wage or provide paid sick leave.
School Discipline Policies
While not technically laws, school discipline policies can have a significant impact on local communities. Punitive and zero-tolerance policies that do not offer flexibility or support can harm students, especially when they are inconsistently applied or poorly defined.
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Local governments' power to create laws
Local governments are responsible for creating and enforcing laws that directly impact the lives of their constituents. They are generally structured into two tiers: counties or boroughs and municipalities or cities/towns. While their power to create laws is granted by the state, they play a crucial role in addressing the needs of their constituents and implementing policies that promote human rights and equity.
The Tenth Amendment to the U.S. Constitution reserves powers for the states and the people, which are then divided between state and local governments. This allows local governments to have a direct impact on their communities, with police departments, schools, and local ordinances falling under their jurisdiction.
State legislatures, composed of elected representatives, create state laws and fulfill governing responsibilities. However, local governments have the autonomy to pass their own laws within their jurisdictions. For example, local governments can implement nuisance ordinances to curb undesirable activities that pose risks to public health and safety. They are also responsible for enforcing these laws, such as through fines and penalties for violations.
Despite their important role, local governments face challenges in law-making due to preemption by higher levels of government. Preemption occurs when a higher-level government uses its authority to overrule local laws. This can hinder local governments' efforts to create laws that improve their communities, such as regulations promoting health equity or rent control.
To counter these challenges, organizations like the Local Solutions Support Center aim to strengthen local governments' power to advance policies promoting equity, inclusion, and civic participation. Local governments are encouraged to adopt human rights-based approaches, and events like the World Human Rights Cities Forum bring together local officials and international actors to share experiences and establish systems to ensure human rights in daily life.
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Local governments' role in addressing political and social challenges
Local governments play a crucial role in addressing political and social challenges, and their actions can have a significant impact on the lives of their constituents. While the federal government and state governments share power in various ways, local governments are generally granted power by the state and are often the tier of government with which Americans have the most daily contact. This includes police departments, libraries, schools, driver's licenses, and parking tickets.
Local governments are responsible for developing and enacting policies, laws, and programs that directly affect the lives of their residents. They receive demands, claims, and complaints from their constituents and are thus in a unique position to assess their needs and deliver on them. The COVID-19 pandemic highlighted the critical role of local governments in addressing political and social challenges, and their importance in managing the response to a global health crisis was significant.
Local governments also face challenges in maintaining the trust of their residents. Citizens increasingly demand transparency and engage with their local governments in new ways, from participating in budget decisions to initiating climate change task forces. Local governments must adapt to these evolving dynamics and address complex issues, such as the rise in cybersecurity threats. For instance, local and state governments experience the majority of ransomware attacks in the United States, and investing in cybersecurity is crucial to prevent disruptions in government operations.
To overcome these challenges, local governments can leverage technology to improve their operations. For example, public works software can help local governments address water utility challenges by improving communication and automating workflows. Additionally, local governments can benefit from federal legislation, such as the American Rescue Plan Act, which provides aid for addressing budget shortfalls, investing in technology, and building equitable public programs.
Furthermore, local governments play a vital role in promoting human rights and developing human rights agendas. Events like the World Human Rights Cities Forum bring together local government officials, civil society organizations, and international actors to establish systems that ensure human rights in the daily lives of citizens. Local governments also collaborate with organizations like UNICEF to address social challenges and find lasting solutions in areas such as children's well-being, education, and recreational spaces.
Overall, local governments have a direct impact on the lives of their constituents and are essential in addressing political and social challenges. By adapting to the changing demands of their residents, leveraging technology, and collaborating with external organizations, local governments can effectively promote laws and policies that benefit their communities.
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Local governments' role in promoting equity, inclusion, public health and civic participation
Local governments play a crucial role in promoting equity, inclusion, public health, and civic participation within their communities. While the federal and state governments hold significant power, local governments have a more direct impact on the daily lives of their constituents. Police departments, schools, libraries, and local regulations are all overseen by local governments, and they also have the authority to grant licenses and issue tickets. This proximity to the community grants local governments a unique opportunity to foster inclusivity and equity.
One of the key roles of local governments in promoting equity and inclusion is through community engagement. By actively involving their constituents in decision-making processes, local governments can ensure that their policies are responsive to community needs and priorities. This includes seeking input from marginalized groups, such as low-income individuals, communities of color, recent immigrants, and non-native English speakers. For instance, the City of Portland, Maine, has initiated a "welcome-ability" process, aiming to foster a sense of belonging for newcomers and underrepresented groups. This approach not only promotes inclusivity but also helps bridge the gap between the city and its community.
Local governments can also promote equity and inclusion within their workforce. By embracing inclusive leadership behaviors, local governments can foster a diverse and inclusive workplace. This includes supporting the recruitment, training, and promotion of individuals from underrepresented backgrounds, particularly Indigenous employees. Additionally, valuing the unique perspectives and contributions of Indigenous employees can enhance their sense of belonging and encourage their active participation in decision-making processes.
In the realm of public health, local governments play a pivotal role in promoting health equity. By collaborating with health agencies and community organizations, local governments can address health disparities and improve overall community health. For example, comprehensive population health system capital in metropolitan communities has been associated with decreased mortality from preventable causes. Local governments can also address social and economic factors that contribute to health inequities, such as education, cognitive development, the social environment, and public safety.
Furthermore, local governments have the power to promote civic participation by creating opportunities for citizens to get involved in their communities. This can include planning for the future growth of the community, as stipulated by state laws. By encouraging civic engagement, local governments can foster a sense of ownership and attachment among residents, empowering them to advocate for their neighborhood concerns and contribute to lasting changes in organizational culture, policies, and processes.
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Frequently asked questions
Local governments include two tiers: counties (or boroughs in Alaska and parishes in Louisiana) and municipalities (cities or towns). Counties are sometimes divided into townships. Municipalities vary in size, from millions of residents in New York City to a few hundred in Jenkins, Minnesota.
Local governments can promote laws, but their power must be granted by the state. Local governments have passed laws, public policies, and innovative initiatives to implement human rights and address the political and social challenges of the COVID-19 pandemic.
Local governments in the United States have adopted a human rights-based approach, developed their own human rights agendas, and implemented systems to ensure human rights in their residents' daily lives. For example, the Moroto District local government in Karamoja, Uganda, produced a declaration adopting a human rights-based approach to programming as best practice.
Yes, preemption occurs when a higher level of government uses its authority to overrule a lower level. For example, state law can be used to preempt local ordinances, and federal law can overrule state or local law.
Preemption conflicts can emerge due to differences in the partisan makeup of the respective governments. For example, a Republican state government in Missouri preempted efforts to increase the minimum wage in Democratic-led St. Louis. Similarly, several Virginia municipal governments passed firearms resolutions that were preempted by the state law under a Democratic state government.
